성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is the president of Gwangju, and the victim C (56 years old, female) is a disabled person of grade 3 with intellectual disability and the defendant is the president of Gwangju B.
On December 23, 2017, at the front of the B office located in Gwangju around o'clock, the Defendant discovered a victim who was leaving the seat of Gwangju D in order to leave the nearby Ad office, and caused the female to go back to the said B office by attracting the victim to go together with "a coffee and Ga".
The Defendant, in his office shocks in the above B office, was sitting down immediately next to the victim's office shocks, and then came down with the victim's hand that he did not refuse to do so, and put the victim's hand into the seat of the defendant by putting the victim's hand into the seat of the defendant, and then put the victim's hand in the victim's hand at this time under the victim's hand.
The facts charged in this part of the facts charged state as follows: "The victim's hand is forced to grow up with the defendant's sexual organ by suppressing the victim's hand, and the victim has come up with another hand at this time with the victim's hand, and the defendant's hand was collected together with the defendant's hand, and only the part of the victim's hand was taken up with the victim's hand." However, considering the various reasons stated in the verdict of innocence, the facts charged are corrected ex officio and convicted as above.
Accordingly, the defendant committed an indecent act by force against the disabled victim.
Summary of Evidence
1. C’s legal statement;
1. Recording notes (No. 73 No. 73 of the evidence list), video CDs (No. 74 of the evidence list);
1. stenographic records (No. 8) and video CDs (No. 11)
1. Each police statement of the E, F, G, and H;
1. One copy of a notice of results of statement analysis and one copy of a forest for damaged places;
1. Determination as to each investigation report (including each accompanying document Nos. 9, 25, 27 through 30, 32, 35, 46, 51, 59, 59), defendant and defense counsel
1. The summary of the claim.